Cancelled 3 mobile contract now have a default on my credit record

[postggj]

forget the indian call centre

 

call 3 and demand to be put through a uk call centre

 

they just read off a script

[Topchick_dav]

Topchick_day,

 

There is no point in writing to Experian asking them to remove any default - they wont do it. You can write to them and ask to put a notice of dispute on your file. BUT H3G can ask the CRA to remove the default and which the CRA must do if the data were recorded incorrectly.

 

However, it seems to me that if 3UK did agree to cancel the upgraded contract, then you would have a claim that 3 has failed to accurately process your information pursuant to their obligations under the Data Protection Act 1998. 3 would have recorded details of any interactions between the company and you in account notes on their CRM systems. No point in asking for copies of voice calls as they only keep them for a short period.

 

I would suggest you email the [email protected] (and cc the [email protected]) and explain clearly the facts around the upgrade call from 3, your subsequent receipt and rejection of the offer, 3's agreement to cancel the contract, the incorrect accrual of debt and 3's attempt to collect this, your payment of the £42 as a way of clearing matters up, the subsequent incorrect recording of a default. Provide the dates of contact, method (email/phone), who you spoke to (if you have their details). Provide copies of letters/emails.

 

Explain that you believe 3 has inaccurately processed your information under the Data Protection Act 1998 including the recording of a default. Ask the DPO to investigate and to remove all information relating to the default.

Ask them to supply you with a copy of all account notes held about this matter, together with copies of internal emails of which you/your account is the subject. Also ask for copies of the files sent between H3G and the credit reference agencies and which report your account data. Advise that you would not expect H3G to charge you the £10 Subject Access Fee given the circumstances but that you are willing to do so if necessary.

 

No point in referring matters to OTELO (yet) as you need to give H3G 12 weeks to resolve your complaint (or reach deadlock). In any event, your complaint would be better made to the Information Commissioners Office (see Information Commissioner's Office - ICO)

 

 

 

Hope this helps.

 

 

The problem I had with 3 when canceling my contract is apparently I said I had inserted my sim card into the first phone, however this was not an issue when they placed a 2nd order for a dif phone.

 

It was only when they called me back after placing the 2nd order there was an issue and I was told I would not be able to return the phone if I disliked it so I asked to cancel there and then and they said that was ok and to refuse the delivery of the phone and return the 1st phone.

 

I did this and wrote to them, emailed them to say I had done what they asked and requested the contract to be cancelled.

 

After a month I had a call telling me they cant cancel my contract because of the sim thing. I explained what I had been told and had done what they asked me but they wouldnt except this. I finaly spoke to management (I think) who agreed to cancel it if I paid for that month, so I did.

 

I heard nothing then for 3 months untill I received the letter from their debt collector asking for the £42 which I paid straight away. I have checked with 3 that the account is closed and they have confirmed it has been canceled.

 

Unfortunately I have no dates or times of when I called them as it was over a year ago but the default is dated Aug 2008 which is when I received the letter from the debt collector

[Topchick_dav]

forget the indian call centre

 

call 3 and demand to be put through a uk call centre

 

they just read off a script

 

 

I think this was the problem I had with my complaint and why I was canceling my contract. I got through to so many dif people. that 1 minute I was told it was canceled then it wasnt then it was and it went on like this for weeks

[postggj]

like i said

demand to be put through to credit control in the uk

but be polite

i know its frustrating

[tadg]

Did you make any calls or use any services that require payment when you inserted the sim - the contract is tied to the SIM. If you did, then you entered into a contract and this mat be where some of the confusion lies.

 

I still believe you should email the dpo and the executive office and request they investigate matters for you. 3 doesn't have a UK call centre as such ... it used to ...... but it now has only it's executive office, credit and debt management functions ... don't wrroy about precise dates .... 3's CRM system will have a date of calls and brief not about the interaction itself

[Topchick_dav]

Did you make any calls or use any services that require payment when you inserted the sim - the contract is tied to the SIM. If you did, then you entered into a contract and this mat be where some of the confusion lies.

 

I still believe you should email the dpo and the executive office and request they investigate matters for you. 3 doesn't have a UK call centre as such ... it used to ...... but it now has only it's executive office, credit and debt management functions ... don't wrroy about precise dates .... 3's CRM system will have a date of calls and brief not about the interaction itself

 

No I didnt even use the phone. I charged it fully as stated in the manual and then turned it on to have a look at it but I couldnt get on with the buttons. It was prob on for 5 mins and I turned it off and then packaged it back up and called 3. They would see I had the phone for less than 24 hours

[tadg]

Buzby can probably add more here on the T&Cs but if 3 did agree to cancel the contract then I would email the DPO about the default/inaccurate processing of your data. If the customer service agents or debt agents in Mumbai did agree to cancel the account etc then 3 will need to honour this.

[buzby]

Hi Buzby,

 

Perhaps I should clarify where I am coming from. IF a default has been reported to a CRA in error (such as through inaccurate recording of a customers data/account matters), then a CRA will remove the default at the request of the company that made the error .

 

Sort of - but not quite.

 

It is the organisation that placed the information on the credit file that has the ability to remove it. Let's assume they placed erroneous information of a customers credit file. Once this is identified, the ability to remove this remains with the firm that put the data there, so the first port of call is to the network, as the CRA cannot verify if the information (or indeed, the customer's complaint is justified.

 

Now, the exception to this is if the network does not respond to the request from the customer to correct the erroneous entry. (NOT, I hasten to add, because they refuse to remove it because they disagree with the customers assertions).

 

It is only when the firm that placed the information does not respond to BOTH the customer, AND the CRA - who will also seek clarification after being alerted by the aggrieved party. Once this happens, the CRA will err on the side of caution and accept the customers statement that the data is wrong, and remove it from the file because it is not in a position to receive confirmation that the information as provided by their client (the network) is correct.

[Topchick_dav]

Sounds confusing

 

OK so are they right in putting a default on my record even though I paid the outstanding balance as soon as I was aware?

[buzby]

If you didn't pay your bill within the time period they allow, then they are at liberty to state your account is in default (and usually as a result of this) cancel the contract. If you pay all the money they say is owing, your default flag is shown as 'settled/satisfied' but the actual claim that the default was placed on your account remains, unless they made a mistake. Gottit...?!

[Topchick_dav]

If you didn't pay your bill within the time period they allow, then they are at liberty to state your account is in default (and usually as a result of this) cancel the contract. If you pay all the money they say is owing, your default flag is shown as 'settled/satisfied' but the actual claim that the default was placed on your account remains, unless they made a mistake. Gottit...?!

 

 

Yep gottit

 

Sounds like they have canceled the contract on their terms then and probable nothing I can do

[tadg]

topchick_day ... from your first post it seems that 3 agreed to cancel the contract .. if you are sure of this then no bills should have accrued and this is one of the key points. Also, you should have received communications from 3 advising of the debt, their intention to file a default and pass to a DCA (which is part of their collections strategy) - did you get any of these?

 

Buzby - I was only coming from the position of the DPA and official Guidance on defaults originally issued in 1998 and replaced in 2008 by the ICO, but clearly had not elaborated sufficiently.

 

3 has an obligation under the DPA 98 to ensure data are processed accurately, kept up to date (where necessary) and to further ensure data are adequate. In this specific case, and going on what topchick_day has reported, it would seem there is a case for H3G to answer with regards these core principles.

 

Firstly, if a customer service advisor did agree that the contract could be cancelled then they should have recorded this internally on their CRM systems (e.g. that you had been advised to simply reject the delivery etc and that you could cancel the contract). Secondly, if you rejected/returned the handset, then this should have been recorded on the CRM system, and the account cancelled on 3's billing system (and which in turn informs their collection system). Had promises made been kept and data processed accurately (and in a manner that prevents harm) then it does seem that the default would not have arisen.

 

Topchick_day, if you are sure of the facts then I would suggest you still email the dpo and put in the subject header "Inaccurate Recording of a Default - Breach of the Data Protection Act 1998 and the ICO Technical Guidance on Defaults". Again, list the key events/facts - starting from the retention call etc. Put them on notice that you consider H3G has failed to process your information accurately and to keep it up to date in accordance with Principle 4 of the DPA 98, and that they have also failed to follow the ICO's guidelines on recording defaults. In this guidance, the ICO state, "We would also expect a lender to be able to produce evidence to justify a default record they had placed on a credit reference file. Not having any supporting records may indicate a breach of the data protection principle requiring personal data to be adequate, relevant and not excessive for the purpose for which it is processed." Clearly, you would expect H3G to be able to produce such evidence to support their filing of the default.

 

Request that 3 investigates matters and removes the default. Advise that you expect a response within 20 days confirming their findings and decision, after which time you will refer matters to the Office of the Information Commissioner. Also write to the CRA, advise you are disputing the default with H3G and ask them to place a notice of dispute on your record.

 

Again, if the facts are correct then H3G can ask the CRA to remove the default (this is required in law, but also contained in the commercial terms between lenders and CRAs) .... if H3G refuses, or of the CRA refuses H3G's request, then you clearly have the right to refer matters to the ICO - neither party will really want this. As Buzby states (and which I had failed to elaborate on), you can also ask the CRA to remove the default should 3 fail to respond or refuse to do so - however, this is difficulty to achieve and I would suggest the ICO would be a better route (there is always the courts of course who have the power to require data be corrected, erased or blocked where a data controller such as H3G or a CRA refuses to do so).

 

good luck

[Topchick_dav]

Thanks for all the advice. I will write with all facts and dates where possible. I'l try anything thats free. the only time I got told a default may be put on is when I phoned their debt collector and they said I need to pay by a certain date or a default will be put on so I paid it there and then even though I disagreed I should be paying it

[buzby]

Hmm. A DCA cannot put a 'default' on your credit file - only 3UK can do this. They may has said this in an effort to make you pay up, but the statement in itself is both inaccurate and misleading.... and could give you a way out.

 

Assuming the DCA claimed that by paying them immediately you would AVOID a default - then whilst this would be inaccurate, you accepted this statement at face value.

 

Therefore, if you paid them on this understanding and the default remains on your file (even as 'satisfied') that isn't playing fair and 3UK should arrange for its removal, as they would find it hard to argue they are not responsible for the actions of their collection agency.

[Topchick_dav]

I shall add that to the letter. I did mention it when 3 called me the other day but to be honest they are useless on the phone

[tadg]

further to Buzby's advice, the DCA acts on behalf of H3G .. therefore, if you are submitting a subject access request for a copy of any data held about you (in relation to the debt/default) then remember to ask for info held by the DCA (including any voice recordings - again, you'll need the date/time of calls + the number calls made from/received on).

[Topchick_dav]

Just again wanted to say thankyou. After about 5 calls to 3 since Thurs and using some of the things you ahve all suggested on here, they have finally taken the default off and it all looks clear and is satisfactory. Its doesnt show anything else

[tadg]

Has the default been removed from your credit file or marked as satisfied. If the former then well done.

[Topchick_dav]

Obv it still shos 3 but the whole default has been removed by looks of it. The nukber scoring is at 0 instead of 8

[tadg]

0=Payments are up to date.

 

8=The account is in ‘default’. You failed to keep to your credit agreement and have not responded satisfactorily to requests to bring your payments up to date, so the credit agreement has ended.

 

It looks like you managed to succeed in getting them to repair your file. However, do you have only one entry or two entries for H3G on your credit file? If a new entry wasn't created when you upgraded that's great.

[buzby]

That's what we like to hear!

 

You'll appreciate it took a lot of effort to get what you wanted, and your success hinged both on your determination and their incompetence! The lesson for others on this is to always remember that something as insignificant as a mobile phone can have major consequences on your future lifestyle, especially when the power you have to give allowing them to wreck your credit file is far greater than the whole technology is worth.

 

The sooner people reject contracts and the market shifts to PAYG the better, as this tail-wagging-the-dog model of business should not be allowed to continue.

[Topchick_dav]

0=Payments are up to date.

 

8=The account is in ‘default’. You failed to keep to your credit agreement and have not responded satisfactorily to requests to bring your payments up to date, so the credit agreement has ended.

 

It looks like you managed to succeed in getting them to repair your file. However, do you have only one entry or two entries for H3G on your credit file? If a new entry wasn't created when you upgraded that's great.

 

Yep its the only one on there. Il be keeping an eye on it at least untill the mortgage goes through ok. Fingers crossed we have no more hickups like that.

 

So it goes to show if you have a valid complaint, complain and complain untill you get the descision you want

[locutus]

congratulations. Maybe a bit premature but.... Good luck with the move and new house